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Posted in Assault FAQ'S on February 3, 2015
In California, PC 240 / Assault is always a Misdemeanor. This means that by law, it can only be charged as a misdemeanor, and cannot ever be elevated to a Felony. However, if there are related possible assault charges that CAN be filed as a Felony, that is always something a prosecutor can consider. If…
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Posted in Assault FAQ'S on February 3, 2015
First and foremost, a prosecutor must prove each and every element of their PC 240 assault case beyond a reasonable doubt to a jury. Typically, PC 240 defenses fall into one of three categories: False Allegations False allegations are common with assault charges. Often the person making the false allegations does so because they are…
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Posted in Assault FAQ'S on February 3, 2015
Someone commits an act “willfully” under (PC 240) assault when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage. If You Have Questions Regarding Willfully Committed (PC 240) Assault, Contact Us For An Experienced Assault…
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Posted in Assault FAQ'S on February 3, 2015
PC 240 is commonly known as Assault in California. To prove that a defendant is guilty of PC 240 / Assault the prosecutor must prove five things: That the defendant did an act that by its nature would directly and probably result in the application of force to a person; The defendant did that act…
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Posted in Assault FAQ'S on December 8, 2014
Because PC 245(a)(4) can be charged as either a misdemeanor or felony, the sentencing varies considerably. If convicted as a MISDEMEANOR, punishment could include: Up to 1 year of jail Up to $1,000 in fines A 10 year prohibition on firearm ownership / possession pursuant to PC 29805 Criminal Protective Order (Restraining Order) Up to…
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Posted in Assault FAQ'S on December 8, 2014
In California, PC 245(a)(4) Assault by Means of Force Likely to Create Great Bodily Injury is a wobbler, meaning it can be EITHER a misdemeanor OR a felony. This decision depends heavily upon the facts as well as the defendant’s prior criminal history. If you or a family member has been arrested for Assault by…
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Posted in Assault FAQ'S on December 8, 2014
First and foremost, a prosecutor must prove each and every element of their case beyond a reasonable doubt to a jury. Typically, PC 245(a)(4) defenses fall into one of three categories: False Allegations: False allegations are common with assault charges. Often the person making the false allegations does so because they are worried about their…
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Posted in Assault FAQ'S on December 8, 2014
PC 245(a)(4) by itself does not constitute a “Strike” under California’s Three Strikes Law. However, if the PC 245(a)(4) charge is accompanied by a particular enhancement, such as a PC 12022.7 (Personal Infliction of Great Bodily Injury, or GBI), then it WOULD qualify as a “Strike.” If you or a family member has been arrested…
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Posted in Assault FAQ'S on December 8, 2014
PC 245(a)(4) is the most common form of felony assault in both Riverside County and Orange County, California. To prove that a defendant is guilty of PC 245(a)(4), the prosecutor must prove five things: That the defendant did an act that by its nature would directly and probably result in the application of force to…
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Posted in Assault FAQ'S on December 2, 2014
Because PC 245(a)(3) is an irreducible felony, the potential punishment depends upon whether or not you are given probation by the Judge. Regardless of whether given probation or not, a conviction of PC 245(a)(3) Assault with a Machinegun or Assault Rifle would constitute a “Strike” for purposes of California’s Three Strikes Law. IF granted probation:…
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